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CA Deepak Aggarwal

Latest Articles


Services Tax Provisions under Budget 2016 in Q & A Format

Income Tax : Question - What is Krishi Kalyan Cess? Answer - An enabling provision is being made to levy Krishi Kalyan Cess on all taxable serv...

February 29, 2016 7795 Views 1 comment Print

Input Tax Credit in Model GST Law, 2016

Goods and Services Tax : ♠ Input Tax Credit means credit of input tax. ♠ Every taxable person is entitled to take credit of input tax. ♠ Input tax me...

December 15, 2015 5154 Views 0 comment Print

The Integrated Goods and Services Tax Act, 2016 (IGST)

Goods and Services Tax : This act may be called the Integrated Goods and Services Tax Act, 2016. It extends to whole India. IGST applicable on all supplies...

December 10, 2015 8660 Views 0 comment Print

Old provisions as per Negotiable Instrument Act, 1881 with amended provisions by Negotiable Instrument Amendment Act, 2015

Corporate Law : a cheque in the electronic form means a cheque drawn in electronic form by using any computer resource and signed in a secure sys...

December 10, 2015 3092 Views 0 comment Print

Quick Review of Model Goods and Services Tax Act, 2016

Goods and Services Tax : This act may be called the Central GST Act, 2016 (CGST) / State GST Act, 2016 (SGST). It extends to the whole India. In case of SG...

December 5, 2015 2837 Views 0 comment Print


Latest Judiciary


No capital gain on unaccrued contingent deferred consideration

Income Tax : Bombay High Court held that as per agreement, the deferred consideration is payable over a period of four years and the formula pr...

April 22, 2016 4222 Views 0 comment Print

S. 263 Revision for starting fishing & roving enquiries not valid

Income Tax : ITAT Mumbai held In the case of M/s. Rachana Finance & Investments Pvt. Ltd. & M/s. Repute Properties Pvt. Ltd. vs. CIT that in th...

April 22, 2016 1888 Views 0 comment Print

Sec.153A Addition without incriminating material w.r.t. completed assessments not valid

Income Tax : It is held that Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the...

April 22, 2016 1897 Views 0 comment Print

S.244A Interest payable on refund of excess self assessment tax

Income Tax : Calcutta High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that clause 244A (1) (b) is residual in nature which prescr...

April 20, 2016 12313 Views 0 comment Print

Sec.69/69A- Addition cannot be challenged on mere denial of transaction

Income Tax : ITAT Mumbai held in the case of Hassan Ali Khan vs. DCIT that the assessee claiming that he has no bank account or based on transf...

April 18, 2016 2659 Views 0 comment Print


Trust cannot be denied exemption u/s 11 on mere payment made outside India

November 30, 2015 4129 Views 0 comment Print

ITAT Bangalore held In the case of DDIT (Exemptions) vs. Ohio University Christ College that it is not disputed that the services have been rendered by the faculty members from Ohio University in India as the classes were taken in Bangalore.

Keyman insurance policy expense is allowable expenditure u/s 37

November 30, 2015 1473 Views 0 comment Print

ITAT Amritsar held In the case of M/s Aaren Exports vs. DCIT that a Keyman insurance policy is to enable business organizations to insure the life of a Keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death.

S. 50C Bonafide transaction without alleged higher receipt not covered

November 30, 2015 2317 Views 0 comment Print

Section 50C will get attracted only when there exists difference on the sale consideration and assessed value for the purpose of stamp duty by the authority of a state government. Where there is no material evidence that the assessee had received more than the fixed component from the developer,

Addition for alleged suppression of production based on mere variation in electricity consumption not sustainable

November 30, 2015 1507 Views 0 comment Print

ITAT Pune held In the case of ACIT vs. M/s. Nilesh Steel & Alloys Pvt. Ltd. that the consumption of the electricity for the manufacture of mild steel ingots/billets depends on various factors like quality of raw material which is the major input, voltage of the supply

Disallowance u/s 69C not sustainable where all purchases recorded in books of account accepted by AO

November 28, 2015 2228 Views 0 comment Print

ITAT Delhi held In the case of ACIT vs. M/s Command Detective & Securities Pvt. Ltd. that when all the purchases are accounted in the regular books of accounts, it means the source is explained and the provisions of section 69C are not applicable, as there was no unaccounted expenditure.

AO not authorised to replace sale consideration with fair market value by adding prospective benefits

November 28, 2015 1057 Views 0 comment Print

ITAT Delhi held In the case of ACIT vs. Smt. Divya Jain that the adoption of Fair Market Value of share in lieu of value of sale consideration as declared by the assessee is not valid . There is no provision under the law to include prospective benefit in the ambit of the word income.

Internal comparability is a preferred method in transfer pricing study where within company profit margin data with third parties available

November 28, 2015 1507 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Agila Specialties Pvt. Ltd vs. DCIT that when the data is available showing profit margin of that enterprise itself from a third party, it is always safe and advisable to adopt internal comparable.

TP provisions requires comparison of a controlled transaction with uncontrolled transaction, comparison within two controlled transaction is immaterial

November 28, 2015 970 Views 0 comment Print

ITAT Mumbai held In the case of Greaves Cotton Ltd. vs. ITO that under the transfer pricing regulations, a comparability analysis is a comparison of a controlled transaction with uncontrolled transaction

CIT must establish that order is erroneous before remanding matter to AO u/s 263

November 27, 2015 869 Views 0 comment Print

ITAT Delhi held In the case of Lakshya Seth vs. ITO that CIT cannot remand the matter to the AO to decide whether findings recorded are erroneous. In the case where there is inadequate inquiry but not lack of inquiry

Income Surrendered as business income cannot be treated as deemed income u/s 69A

November 27, 2015 5078 Views 0 comment Print

ITAT Amritsar held In the case of M/s Dev Raj Hi-Tech Machines Ltd. vs. DCIT that it is apparent that assessee had made a surrender as additional income over and above the normal profits of the concern and since the income has been declared as business income

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